Long Service Leave Act 1987

Subject to this Act, a worker who has 10 years or more service is entitled to the following long service leave—

13 weeks leave in respect of the first 10 years of service; and

1.3 weeks leave in respect of each subsequent year of service.

A worker who is entitled to long service leave under subsection (1) becomes entitled to a payment in lieu of the long service leave or a part of the long service leave if an individual agreement to that effect is made and recorded in writing and signed by the employer and the worker after the entitlement to the leave accrues to the worker.

Where the service of a worker who is entitled to long service leave is terminated, the worker is entitled to a payment in lieu of long service leave.

Subject to subsection (4), a worker who has completed seven years service (but less than 10 years service) is, on termination of the worker's service, entitled to a payment equal to the monetary equivalent of 1.3 weeks leave in respect of each completed year of service.

A worker is not entitled to a payment under subsection (3) if—

the worker's contract of service is terminated on the ground of serious and wilful misconduct on the part of the worker; or

the contract of service is unlawfully terminated by the worker.

Where a worker's service is terminated by the worker's death, the worker's entitlement under this section vests in his or her personal representative.

Where long service leave has been taken by a worker or a payment in lieu of long service leave has been made to a worker, the worker's long service leave entitlement is reduced accordingly.

An entitlement under this section only arises in respect of completed years of service.